HomeMy WebLinkAbout1996-10-22; City Council; Resolution 96-354d
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RESOLUTION NO. 96-354
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING POLICIES AND PROCEDURES FOR
IMPLEMENTATION OF THE FEDERAL SPECIAL RULE FOR INTERIM TAKE OF
THE CALIFORNIA GNATCATCHER.
WHEREAS, on March 25, 1993, the United States Fish and Wildlife Service lis
California gnatcatcher as a threatened species, thereby providing the species w
protections afforded by the federal Endangered Species Act; and
WHEREAS, on December IO, 1993, the United States Fish and Wildlife Service i
a Special Rule for the gnatcatcher as authorized in Section 4(d) of the Endangered
Act, making reference to the State of California's program of Natural Comr
Conservation Planning (NCCP) and indicating that take of the gnatcatcher is not a viol
the endangered species act if the take is the result of an activity addressed in an ai
NCCP plan; and
WHEREAS, among its provisions the Special Rule provides an expedited proc
federal approval of take of the gnatcatcher or its habitat, coastal sage scrub, under s
conditions during the interim period prior to approval of NCCP plans; and
WHEREAS, the Special Rule limits the amount of coastal sage scrub habitat that
taken during the interim period to no more than 5% of the total coastal sage scrub
existing at the time the gnatcatcher was listed, or no more than 116 pairs of gnatci
whichever occurs first; and
WHEREAS, Carlsbad's allowable amount of impacts to coastal sage scrub under
limitation has been determined to be 165.7 acres, and the interpretation of the Unite(
Fish and Wildlife Service is that all impacts to coastal sage scrub during the interim F
Carlsbad, whether permitted by the expedited process or by any other federal pe
processes, must be subtracted from that total; and
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WHEREAS, there are a number of public and private projects which have alread
or are anticipated to request permission to take coastal sage scrub prior to approva
City’s Habitat Management Plan, the cumulative total of which would exceed 165.1
and
WHEREAS, it is in the best interests of the City to ensure that the 165.7 a
allowable interim impacts is utilized prudently for the public good and not pren
depleted; and
WHEREAS, a prioritization system is a reasonable and appropriate method for e
that the 165.7 acres of allowable interim impacts is used in a way that best ser
public; and
WHEREAS, the policies and procedures contained herein will assure that implemt
of the Special Rule is carried out in a manner consistent with all applicable federal ar
laws, regulations, and guidelines.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
Carlsbad as follows:
1. That the above recitations are true and correct.
2. That prior to issuance of a grading permit, any projects which would impact
sage scrub habitat during the interim period, regardless of the method of permitting UI
federal Endangered Species Act, shall obtain approval from the City Council for an
Coastal Sage Scrub Take Permit which authorizes the project to draw from thc
allocation of 165.7 acres pursuant to the 5% limitation.
3. That the prioritization system described in Attachment “A“ and made a par
shall be utilized by the City Council in determining whether an Interim Coastal Sag
Take Permit shall be approved for a given project.
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4. That all impacts to Coastal Sage Scrub during the interim period shall be mi
and mitigated in accordance with the City of Carlsbad Coastal Sage Scrub Mi
Guidelines as provided in Exhibit 6 to Agenda Bill No. 13,868 . Minor revisions in (
implement and carry out the provisions of the Coastal Sage Scrub Mitigation Guidelin
be approved by the City Manager, upon the advice of the City Attorney, without ame
of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
City of Carlsbad, California, held on the 22nd day of OCTOBER , 1996,
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
,; Q- ‘Tu _- '1z7 d.L*i>& 4 .‘*b 7
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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